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H.429
An act relating to miscellaneous changes to election laws It is hereby enacted by the General Assembly of the State of Vermont:
* * * Sore Loser Law * * *
Sec. 1. 17 V.S.A. § 2381(c) is added to read:
(c) In no event shall a candidate who loses a major party primary be
nominated to appear on the general election ballot pursuant to this subchapter by a committee of any party other than the party for which the candidate appeared on the primary ballot.
Sec. 2. 17 V.S.A. § 2401 is amended to read:
§ 2401. APPLICABILITY OF SUBCHAPTER
(a) A person may be nominated and have his or her the person’s name printed on the general election ballot for any office by filing a consent similar in form to the consent prescribed by section 2361 of this title and a statement of nomination with the Secretary of State. In the case of a nomination for justice of the peace, the consent form and statement of nomination shall be
filed with the town clerk.
(b) A candidate who loses a major party primary for any office shall not appear on the general election ballot as an independent candidate for the same office for which the candidate lost in the primary election.
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* * * Campaign Finance Limits for Statewide Candidates * * *
Sec. 3. 17 V.S.A. § 2941(a) is amended to read:
§ 2941. LIMITATIONS OF CONTRIBUTIONS
(a) In any election cycle:
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(5)(A) A political party shall not accept contributions totaling more than:
(A)(i) $10,000.00 from a single source;
(B)(ii) $10,000.00 from a political committee; or
(C)(iii) $60,000.00 from a political party.
(B) Notwithstanding subdivision (A) of this subdivision (5), a political party may accept not more than $60,000.00 from a candidate for State office.
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* * * Biennial Committee Reorganization Reporting * * *
Sec. 4. 17 V.S.A. § 2313 is amended to read:
§ 2313. FILING OF CERTIFICATE OF ORGANIZATION
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(f) At the same time of filing the certificate of organization, the chair and secretary shall file with the Secretary of State a single machine-readable electronic document containing a list of the names and addresses of the town VT LEG #368219 v.1
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and county committee members from those towns and counties that have organized pursuant to this chapter.
(g) A committee is not considered organized until the material required by
this section has been filed and accepted.
Sec. 5. [Deleted.]
* * * Candidate Demographic Information * * *
Sec. 6. 17 V.S.A. § 2359 is amended to read:
§ 2359. NOTIFICATION TO SECRETARY OF STATE
(a) Within three days after the last day for filing petitions, all town and county clerks who have received petitions shall notify file with the Secretary of
State of the names of all candidates, a list containing the name, gender, age,
race or ethnicity, mailing address, and e-mail address of all candidates, to the extent this information is provided by candidates; the offices for which they the candidates have filed,; and whether each candidate has submitted a sufficient number of valid signatures to comply with the requirements of
section 2355 of this title. Town and county clerks shall also notify the Secretary of State of any petitions found not to conform to the requirements of
this chapter and returned to a candidate under section 2358 of this title, and shall notify the Secretary of State of the status of such petition petitions not later than two days after the last day for filing supplementary petitions.
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(b) In any listing of candidate information collected pursuant to subsection
(a) of this section, the Secretary of State shall not publish information pertaining to candidates’ gender, age, or race or ethnicity unless in aggregate form.
Sec. 7. 17 V.S.A. § 2361(b) is amended to read:
(b)(1) The consent shall set forth the name of the candidate, candidate’s name as the candidate wishes to have it printed on the ballot, the candidate’s gender, age, or race or ethnicity, town of residence, and correct mailing address, and e-mail address. A candidate who does not provide information pertaining to gender, age, or race or ethnicity may still appear on the ballot if
all other requirements are met.
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Sec. 8. 17 V.S.A. § 2665 is amended to read:
§ 2665. NOTIFICATION TO SECRETARY OF STATE
The town clerk shall file with the Secretary of State a list of the names and addresses of the selectboard members elected and containing the name, gender,
age, race or ethnicity, street address, and e-mail address, to the extent the information is provided by the candidate, and the end date of the term of office of each selectboard member, city councilor, village trustee, and mayor elected.
The town clerk shall not be required to ask the candidate for information pertaining to gender, age, or race or ethnicity if this information is not provided VT LEG #368219 v.1
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to the town clerk. The town clerk shall notify the Secretary of State of any changes in the list as filed.
* * * Write-In Candidate Minimum Thresholds in Primary Elections * * *
Sec. 9. 17 V.S.A. § 2370 is amended to read:
§ 2370. WRITE-IN CANDIDATES
(a) A write-in candidate shall not qualify as a primary winner unless he or she the candidate receives at least one-half the higher of:
(1) 10 percent of the votes cast by a party plus one additional vote; or
(2) the same number of votes as the number of signatures required for his or her the candidate’s office on a primary petition, except that if a write-in candidate receives more votes than a candidate whose name is printed on the ballot, he or she may the write-in candidate shall qualify as a primary winner.
(b) The write-in candidate who qualifies as a primary winner under this section must still be determined a winner under section 2369 of this chapter before he or she the candidate becomes the party’s candidate in the general election.
* * * Electronic Ballot Returns * * *
Sec. 10. 17 V.S.A. § 2542 is amended to read:
§ 2542. SIGNING CERTIFICATE
(a) There shall be printed on the face of the envelope provided for use in
returning early voter absentee ballots, or provided in an electronic format if a VT LEG #368219 v.1
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ballot is electronically delivered pursuant to subsection 2539(b) or (c) of this title, a certificate in substantially the following form:
“Early or Absentee Voter Ballots of __________”
(print your name)
I, ___________, solemnly swear or affirm that I am a resident of the town
(city) of _________, State of Vermont, and that I am a legal voter in this town
(city).
_________________________________________
(your signature)
(b) The early or absentee voter, except a voter receiving a ballot electronically delivered pursuant to subsection 2539(b) or (c) of this title, must sign the certificate on the outside of the envelope in order for the ballot to be valid. When an early or absentee voter is physically unable to sign his or her the voter’s name, he or she the voter may mark an “X” or take an oath swearing or affirming to the statement on the certificate. The officers who deliver the ballots shall witness the mark or oath and sign their names with a statement attesting to this fact on the envelope.
Sec. 11. 17 V.S.A. § 2543 is amended to read:
§ 2543. RETURN OF BALLOTS
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(d)(1) All early voter absentee ballots returned as follows shall be counted:
(A) by any means, to the town clerk’s office before the close of
business on the day preceding the election;
(B) to any secure ballot drop box provided by the town or city in
which the voter is registered pursuant to section 2543a of this subchapter before the close of business on the day before the election;
(C) by mail to the town clerk’s office before the close of the polls on
the day of the election; and
(D) by hand delivery to the presiding officer at the voter’s polling place before the closing of the polls at 7:00 p.m.
(2)(A) All ballots electronically delivered pursuant to subsection
2539(b) or (c) of this title and returned as follows shall be counted:
(i) by means of a secure online portal developed and maintained by the Secretary of State, directly to the clerk before the close of business on
the last day the clerk’s office is open prior to the election; and
(ii) with electronic signature on the certificate required pursuant to
section 2542 of this title prior to submitting the ballot to the clerk.
(B) A ballot electronically delivered pursuant to subsection 2539(b)
or (c) of this title and then returned pursuant to subdivision (A) of this subdivision (d)(2) shall be printed by the clerk and processed in the same VT LEG #368219 v.1
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manner as all other early or absentee ballots and in accordance with the procedures prescribed by this subchapter.
(C) The voter shall be notified when a ballot electronically delivered pursuant to subsection 2539(b) or (c) of this title and then returned pursuant to
subdivision (A) of this subdivision (d)(2) is received and printed by the clerk pursuant to subdivision (B) of this subdivision (d)(2).
(3) An early voter absentee ballot returned in a manner other than those set forth in subdivision (1) or (2)(A) of this subsection shall not be counted.
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* * * Effective Date * * *
Sec. 12. EFFECTIVE DATE
This act shall take effect on July 1, 2023.
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Statutes affected:
As Introduced: 17-2401, 17-2941(a), 17-2941, 17-2313, 17-2474, 17-2359, 17-2361(b), 17-2361, 17-2665, 17-2370, 17-2542, 17-2543
As Passed By the House -- Official: 17-2401, 17-2941(a), 17-2941, 17-2313, 17-2474, 17-2359, 17-2361(b), 17-2361, 17-2665, 17-2370, 17-2542, 17-2543
As Passed By the House -- Unofficial: 17-2401, 17-2941(a), 17-2941, 17-2313, 17-2359, 17-2361(b), 17-2361, 17-2665, 17-2370, 17-2542, 17-2543